CHAPTER 1. APPLICABILITY AND DEFINITIONS
IC 35-33.5
ARTICLE 33.5. INTERCEPTION OF TELEPHONIC
OR TELEGRAPHIC COMMUNICATIONS
IC 35-33.5-1
Chapter 1. Applicability and Definitions
IC 35-33.5-1-1
Inapplicable to ordinary course of business
Sec. 1. This article does not apply to the ordinary course of
business pertaining to the operation of a business entity that provides
or facilitates electronic communications in accordance with the
business entity's tariffs.
As added by P.L.161-1990, SEC.3. Amended by P.L.105-2007,
SEC.1.
IC 35-33.5-1-2
Applicability of definitions
Sec. 2. The definitions in this chapter apply throughout this
article.
As added by P.L.161-1990, SEC.3.
IC 35-33.5-1-3
"Designated offense" defined
Sec. 3. "Designated offense" means the following:
(1) A Class A, Class B, or Class C felony that is a controlled
substance offense (IC 35-48-4).
(2) Murder (IC 35-42-1-1).
(3) Kidnapping (IC 35-42-3-2).
(4) Criminal confinement (IC 35-42-3-3).
(5) Robbery (IC 35-42-5-1).
(6) Arson (IC 35-43-1-1).
(7) Child solicitation (IC 35-42-4-6).
(8) Human and sexual trafficking crimes under IC 35-42-3.5.
(9) Escape as a Class B felony or Class C felony (IC 35-44-3-5).
(10) An offense that relates to a weapon of mass destruction (as
defined in IC 35-41-1-29.4).
(11) An attempt or conspiracy to commit an offense described
in subdivisions (1) through (10).
(12) An offense under the law of the United States or in another
state or country that is substantially similar to an offense
described in subdivisions (1) through (11).
As added by P.L.161-1990, SEC.3. Amended by P.L.105-2007,
SEC.2; P.L.3-2008, SEC.247.
IC 35-33.5-1-3.5
"Electronic communication" defined
Sec. 3.5. "Electronic communication" means any transfer of signs,
signals, writing, images, sounds, data, oral communication, digital
information, or intelligence of any nature transmitted in whole or in
part by a wire, a radio, or an electromagnetic, a photoelectronic, or
a photo-optical system.
As added by P.L.105-2007, SEC.3.
IC 35-33.5-1-4
"Extension" defined
Sec. 4. "Extension" means an extension of the duration for which
a warrant remains effective under this article.
As added by P.L.161-1990, SEC.3.
IC 35-33.5-1-5
"Interception" defined
Sec. 5. "Interception" means the intentional recording or
acquisition of the contents of an electronic communication by a
person other than a sender or receiver of that communication,
without the consent of the sender or receiver, by means of any
instrument, device, or equipment under this article. This term
includes the intentional recording or acquisition of communication
through the use of a computer or a FAX (facsimile transmission)
machine. The term does not include recording or acquiring the
contents of a radio transmission that is not:
(1) scrambled or encrypted;
(2) transmitted using modulation techniques whose essential
parameters have been withheld from the public with the
intention of preserving the privacy of the communication;
(3) carried on a subcarrier or other signal subsidiary to a radio
transmission;
(4) transmitted over a communication system provided by a
common carrier, unless the communication is a tone only
paging system communication; or
(5) transmitted on frequencies allocated under part 25, subpart
D, E, or F of part 74, or part 94 of the Rules of the Federal
Communications Commission, unless, in the case of a
communication transmitted on a frequency allocated under part
74 that is not exclusively allocated to broadcast auxiliary
services, the communication is a two-way voice communication
by radio.
As added by P.L.161-1990, SEC.3. Amended by P.L.105-2007,
SEC.4.
IC 35-33.5-1-6
"Warrant" defined
Sec. 6. "Warrant" means a warrant authorizing the interception of
electronic communication under this article.
As added by P.L.161-1990, SEC.3. Amended by P.L.105-2007,
SEC.5.